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21 ATTACHMENT 3
City of Pleasanton
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2021
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072021
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21 ATTACHMENT 3
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7/15/2021 2:13:11 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/20/2021
DESTRUCT DATE
15Y
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21
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<br />82 <br />Permits and Regulation <br /> <br />Non-compliance with discharge permits may result in significant penalties from the <br />SWRCB or other enforcement actions that could have a material adverse effect on the finances <br />and operations of LAVWMA and the Members. Changes in regulation could increase the costs of <br />operating the LAVWMA Enterprise and the Member’s Sewer Systems. See “THE LIVERMORE- <br />AMADOR VALLEY WATER MANAGEMENT AGENCY – Permits and Regulations.” <br /> <br />Abatement <br /> <br />The Sewer Service Contract provides that Payments for Fixed LAVWMA Maintenance and <br />Operation Costs under the Sewer Service Contract are subject to abatement in the discretion of <br />the Members during any period in which by reason of any damage or destruction (other than by <br />condemnation, which is provided for separately in the Indenture; see Appendix D) there is a <br />material interruption in the Sewer Service to the Members. Abatement will continue for the period <br />commencing with the damage or destruction and ending upon the restoration of Sewer Service <br />by LAVWMA. The proceeds of any insurance covering such damage or destruction are required <br />to be deposited and applied by LAVWMA as provided in the Indenture. See “SECURITY FOR <br />THE 2021 BONDS - Insurance”. Under the Sewer Service Contract, LAVWMA covenants, to the <br />extent permitted by law and subject to any limitations resulting from a disruption in pipeline <br />capacity, to accept wastewater of Members notwithstanding any disruption in pipeline capacity <br />and to use its best efforts in the event of any such disruption to undertake alternative and interim <br />methods of storage and disposal of wastewater, including San Lorenzo Creek and Alamo Creek. <br />See “THE LIVERMORE-AMADOR VALLEY WATER MANAGEMENT AGENCY – Permits and <br />Regulations.” <br /> <br />The Members’ Payments for their Fixed Cost Allocation for Debt Service are not <br />subject to abatement. <br /> <br />Dependence of Connection Fee Revenue on Development <br /> <br />The projections relating to the payment of Expansion Project Debt Service on the 2021 <br />Bonds by DSRSD, on behalf of itself and Pleasanton, and the payment of Payments by Livermore <br />under the Sewer Service Contract assume that some revenue will be generated as a result of the <br />collection of connection fees. See “DUBLIN SAN RAMON SERVICES DISTRICT,” “CITY OF <br />PLEASANTON” and “CITY OF LIVERMORE.” In general, receipt of connection fee revenue is <br />dependent upon development of land. See “PLANNED DEVELOPMENT IN THE LAVWMA <br />SERVICE AREA.” The actual course of land development within the Members’ service areas may <br />vary significantly from the projections. <br /> <br />Although the Members assume they will collect connection fee revenue, wastewater <br />service charges are the ultimate financial support for the payment of the Payments under the <br />Sewer Service Contract. In general, the Members agree annually to set rates for wastewater <br />service charges at a level which will generate revenues sufficient to cover annual debt service on <br />the 2021 Bonds (with an allowance for amounts transferred from the Rate Stabilization Fund to <br />pay the Expansion Debt Service on the 2021 Bonds). See “SECURITY FOR THE 2021 BONDS <br />- Rate Covenants.” <br /> <br />Land development is subject to comprehensive federal, state and local regulations. <br />Approval is required from various agencies in connection with the layout and design of <br />developments, the nature and extent of improvements, construction activity, land use, zoning,
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